What documents do you need to sell a Buy To Let property?

Copies of the current tenancy  agreements outline the rental terms agreed upon with existing tenants. They include the rental amount, lease duration, start and end dates, and any additional terms or conditions. 

This document is important for buyers, particularly investors, as it provides insight into the property’s income potential and tenant obligations. A clear, well-structured tenancy agreement reduces ambiguity and makes it easier for buyers to understand the existing tenancy.

A Section 48 Notice, required under the Landlord and Tenant Act 1987, informs tenants of the landlord’s contact details for serving legal notices. It’s essential for potential buyers, as it provides proof that the landlord has legally disclosed their contact information to the tenants.

If a Section 48 Notice wasn’t initially issued, it’s often possible to rectify this, but having it in place ensures compliance with the law and avoids any potential complications.

A Section 21 Notice, also known as a “no-fault” eviction notice, is used to end an Assured Shorthold Tenancy in England or Wales. If you intend to sell the property empty, a Section 21 Notice can be issued to the tenants to request possession at the end of their fixed term or during a periodic tenancy, without needing to cite a reason.

This document is important if the buyer wishes to take possession without tenants in place. If a Section 21 Notice has already been served, having proof of this will streamline the sale process for any buyer planning to occupy the property themselves.

A Section 8 Notice is used to terminate a tenancy when the tenant has breached the tenancy agreement, such as by failing to pay rent or causing property damage. This document is important for buyers who may wish to end the tenancy due to tenant behaviour issues, as it outlines the legal grounds for eviction.

If a Section 8 Notice has been served, having this document on hand can assure potential buyers of the landlord’s legal efforts to address tenancy issues.

This certificate is confirmation that the tenant's deposit has been protected in a government approved tenancy deposit scheme, such as the Tenancy Deposit Scheme (TDS), MyDeposits, or Deposit Protection Service (DPS).

By law, landlords in the UK must place deposits in an approved scheme within 30 days of receiving them. The Deposit Protection Certificate reassures buyers that the landlord has complied with deposit regulations, minimising the risk of disputes or claims against the landlord for failing to protect the deposit.

This documentation provides a history of rental payments, showcasing whether the tenant has consistently paid rent on time or if there have been any missed or delayed payments. 

A thorough rental payment record is especially beneficial for investors, as it offers a snapshot of the property’s income stability and can help reassure them of the tenant’s reliability. It demonstrates steady cash flow, which can be valuable to potential buyers.

If the property will be sold vacant, any notice served to tenants should be documented. This includes details of the notice type (e.g. Section 21 or Section 8 Notices), date of issuance, and expected move out date.

Documenting the notice ensures compliance with legal notice requirements, avoids potential disputes and provides clear information for potential buyers about when the property will be vacant.

If your property requires a House of Multiple Occupancy (HMO) licence (often the case for properties rented to five or more tenants forming more than one household), you’ll need to provide the current HMO licence issued by the local council. 

This licence confirms that the property meets the necessary standards for living conditions, management, and safety. Buyers will want to review the licence to understand the permitted occupancy level, licence conditions and expiration date.

If you have recently applied for a House of Multiple Occupancy licence renewal, provide proof of the application submission and any documentation showing the local council’s acknowledgement of receipt. This can be important for buyers if the current licence is close to expiry or renewal is pending.

A Gas Safety Certificate is a legally required document that verifies all gas appliances, fittings and flues in the property are safe and functioning correctly. This certification, issued by a registered Gas Safe engineer, must be renewed annually and provided to tenants within 28 days of the check.

For buyers, an up to date Gas Safety Certificate offers peace of mind, showing that the property's gas installations are maintained to regulatory standards, reducing the risk of gas leaks, carbon monoxide poisoning and other hazards.

For a HMO, smoke alarms are usually required in every room or communal area, depending on council regulations.

An Electrical Safety Certificate confirms that all electrical installations (e.g. wiring, sockets, and appliances) in the property meet safety standards. Under UK law, landlords must conduct an Electrical Installation Condition Report (EICR) every five years to ensure the property’s electricity is safe for tenants.

This report highlights any potential issues and grades them by severity, providing a clear record of necessary repairs or upgrades. A valid Electrical Safety Certificate not only reassures buyers about electrical safety but also demonstrates that the property complies with legal obligations, which is particularly important for buyers who plan to continue renting out the property.

Fire safety compliance includes maintaining essential fire safety equipment and meeting legal obligations for smoke and carbon monoxide alarms. By law, landlords must install at least one smoke alarm on every floor of a rental property and a carbon monoxide alarm in any room containing a solid fuel-burning appliance.

Regular checks should be documented, and any fault alarms replaced promptly. Additionally, for properties with communal areas (e.g. multi-unit buildings), fire risk assessments may be required. Documenting fire safety measures and compliance reassures buyers of the property’s safety, particularly if they intend to keep it as a rental investment.

With recent attention on cladding safety, particularly following the Grenfell Tower incident, buyers will want assurance the building is compliant and safe, which is why if your property has cladding, you should also get a Cladding Compliance Report.

A Legionella Risk Assessment evaluates the risk of Legionella bacteria in the property’s water systems, which can cause Legionnaires’ disease, a type of pneumonia. Although landlords are not legally required to conduct Legionella testing, they must assess and manage risks associated with it.

This is especially relevant for properties with water tanks, hot tubs or complex plumbing systems. Having a documented Legionella Risk Assessment ensures potential buyers that the water systems are safe and managed appropriately, which is essential for maintaining tenant health and safety.

Documenting the history of repairs, upgrades or routine maintenance carried out on the property can reassure potential buyers about the property’s upkeep. This can include information on major repairs, such as roof replacements, boiler installations, electrical or plumbing work and any refurbishments or upgrades.

Maintenance records demonstrate that the property has been well-cared for, which can improve its appeal to buyers by reducing perceived future maintenance costs. Additionally, a documented history of repairs can help substantiate the house’s asking price by showing its maintained or improved condition.

Providing information on any current landlord or building insurance policies is important for potential buyers, especially if they plan to rent out the property. This can include details about the policy’s coverage, the provider and any premium costs. Insurance policies protect against potential risks such as property damage, tenant related issues, or liability claims.

Having this documentation ready allows buyers to see what coverage is in place and may help them decide if they want to assume the current policy (if transferrable) or arrange for their own. Comprehensive insurance documentation also shows buyers that you’ve prioritised protecting the property and its occupants.

If the property is leasehold, you’ll need to provide records of any service charges and ground rent payments, along with recent communications between you and the management company. 

Service charges cover the costs of maintaining shared or communal areas, such as hallways, elevators, and exterior upkeep, while ground rent is the annual payment made to the freeholder.

This information is vital for buyers to understand the additional costs associated with owning a leasehold property. Any arrears or disputes related to service charges should be disclosed, as they could affect the buyer’s willingness to proceed.

For leasehold properties, a copy of the lease agreement is essential. The lease agreement outlines the terms, conditions, and obligations of both the leasehold and the freeholder, including any restrictions on property use, subletting or renovations. 

Buyers need to review the lease terms to understand their responsibilities and rights, making this document important for a smooth transaction.

Under the Landlord and Tenant Act 1985, a Section 20 Notice is required if you intend to undertake major works on the property, which could result in a significant service charge increase. Examples of major works include external repairs or roof replacements.

Buyers need to see any recent or pending Section 20 Notices, as they will be liable for a share of these costs if they buy the property. Disclosing these notices makes sure buyers are fully informed about potential financial outlays, preventing unexpected expenses and fostering trust in the sale process.